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Judgment
S.K. Mishra, J
Heard Mr. A.M. Saklani, learned counsel for the petitioner.
The facts of the case are not disputed. The petitioner was the plaintiff in Civil Suit No. 132 of 2004, filed under Section 6 of the Specific Relief Act, 1963. However, the suit was dismissed on the ground that the plaintiff failed to prove that he was in possession of the suit land in question and was dispossessed without following the procedure established by law by the true owner. He preferred a Civil Revision, which was dismissed without passing a speaking order. Then the petitioner approached this court and filed WPMS No. 127 of 2010, which was allowed and the matter was remanded back to the revisional court to decide the matter afresh and passed an appropriate order on merits. Thereafter, the matter was heard by the Revisional Authority/ District Judge. He came to the conclusion that the order passed by the learned Civil Judge (Sr. Div) Haridwar does not suffer from any illegality or infirmity under Section 115 of the Code of Civil Procedure. Thereafter, the petitioner again approached this court challenging the order passed by the Additional District Judge confirming the judgment passed by Civil Judge (SD).
The learned counsel for the petitioner failed to satisfy this court that the Trial court has committed an error with respect to jurisdiction requiring interference of this Court. Moreover, in view of the law laid down by Hon'ble Apex Court in the case of Surya Dev Rai Vs. Ramachander Rai and others (2003) 6 SCC 675, particularly in Sub-Paragraph 7 and 8 of the Paragraph 32, no interference is called for in the matter.
There is no error apparent on the face of record. The learned counsel for the petitioner mainly relies upon the facts, rather than the evidence, which is not permissible for issuance of a writ of certiorari or for interference in proceedings under Article 227 of the Constitution of India, so the writ petition is dismissed being devoid of merit. There shall be no order as to costs.
Urgent certified copy of this order be granted on proper application.